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Edington Commons (H-2019-0109)ADA COUNTY RECORDER Phil McGrane 2020-044056 BOISE IDAHO Pgs=46 VICTORIA BAILEY 04/16/2020 08:42 AM CITY OF MERIDIAN, IDAHO NO FEE 111 DILTA 01 RellV 191 U ►_ PARTIES: 1. City of Meridian 2. C4 Land, LLC, Owner 4. G20, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 14th day of April , 2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C4 Land, LLC, whose address is 4824 E. Fairview Ave., Boise, ID 83706, hereinafter called OWNER and G20, LLC, whose address is 4824 E. Fairview Ave., Boise, ID 83706, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for annexation and zoning of 14.56 of land with an R-15 (medium high density residential) zoning district on the property listed in Exhibit "A" (attached), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearing before the Meridian Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning before the Planning and Zoning Commission and the City Council, DEVELOPMENT AGREEMENT — EDINGTON COMMONS (H-2019-0109) PAGE 1 OF 8 a includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 1 oth day of March, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11,2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 4824 E. Fairview Avenue,Boise, ID 83706 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and j phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian,Idaho 83642. 3.2 OWNER: means and refers to C4 Land, LLC, whose address is 4824 E. Fairview Avenue,Boise,ID 83706,the party that owns said Property and shall include any subsequent owner(s) of the Property. DEVELOPMENT AGREEMENT—EDINGTON COMMONS(H-2019-0109) PAGE 2 OF 8 Meridian City Council Meeting Agenda April 14,2020— Page 84 of 167 3.3 DEVELOPER: means and refers to G20, LLC, whose address is 4824 E. Fairview Avenue,Boise,ID 83706,the party that is developing said Property and shall include any subsequent developer(s)of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as described in Exhibit"A"describing the parcel to be bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.L Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan and conceptual building elevations included in Section VII and the provisions of the Staff Report attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit`B". b. All single-family attached structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building permit applications. c. All homes along the west perimeter boundary of the development adjacent to N. Linder Rd. and on Lots 20 and 23-26,Block 1 shall be restricted to a single-story in height as proposed by the Developer. d. A minimum 10% (1.35 acres) qualified open space shall be provided with development of this site as set forth in UDC 11-3 G-3 in accord with the conditions of approval of the preliminary plat. e. A 10-foot wide multi-use pathway within a 14-foot wide public use easement with a minimum 5-foot wide landscape strip on each side of the pathway,landscaped per the standards listed in UDC 11-313-12C shall be provided along the north side of the Coleman Lateral outside of the Irrigation District's easement. The pathway shall extend from the east boundary of the site to the sidewalk along N. Linder Rd. The pathway may extend across the Sawtooth Middle School property to the north as shown on the exhibit in Section VIII.G if the provisions noted can be met;otherwise, the pathway shall be provided on the subject property. DEVELOPMENT AGREEMENT-EDINGTON COMMONS(H-2019-0109) PAGE 3 OF 8 Meridian City Council Meeting Agenda April 14,2020— Page 85 of 167 f. No building permits shall be issued for residential homes within the development prior to January 1,2021. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement,Owners and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners and/or Developer that is not cured after notice as described in Section 7.2,Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all j applicable laws,ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. I 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the DEVELOPMENT AGREEMENT—EDINGTON COMMONS(H-2019-0109) PAGE 4 OF 8 Meridian City Council Meeting Agenda April 14,2020— Page 86 of 167 LQ default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owners and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Marl, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 DEVELOPMENT AGREEMENT—EDINGTON COMMONS(H-2019-0109) PAGE 5 OF 8 Meridian City Council Meeting Agenda April 14,2020— Page 87 of 167 i, OWNERS: DEVELOPER: C4 Land,LLC G20, LLC 4824 E. Fairview Avenue 4824 E. Fairview Avenue Boise, ID 83706 Boise, ID 83706 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction, This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. I 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein j expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. ! 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. i 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral DEVELOPMENT AGREEMENT—EDINGTON COMMONS(H-2019-0109) PAGE 6 OF 8 Meridian City Council Meeting Agenda April 14,2020— Page 88 of 167 p I or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNES S WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: C4 Land, LLC G20,LLC Ab-- - By: L.a�r� a.; �� By: � � Its: Y%a-�a-SG✓ Its: VV0 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT—EDINGTON COMMONS(H-2019-0109) PAGE 7 OF 8 Meridian City Council Meeting Agenda April 14,2020— Page 89 of 167 L� STATE OF IDAHO ) ss: County of Ada ) On this q day of n( ,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared L.0'y t v�. known or identified to me to be the e� of C4 Land,LLC,and the person who signed above and acknowledged to me that lie executed the same on behalf of said Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `',,1P�NE.jo •,• (SEAL) •4r••ejee�••�•e•�f�00 �•� ; 00 Notary Public for Idaho PUBLIC = Residing at: � • • • >t t / ,�, e�•jA�. My Commission Expires: R j I f �J 000000 STATE OF IDAHO ) ss. ••..is ,of; 19 County of Ada ) On this�clay of ,2020,before me,the undersigned,a Notary Public in and for said State,personally 1 appeared —�r wv. Q&?o^qp�c _,known or identified to me to be the y of G20, LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,�,�•uun,,�� .o•` �1N E ! ''` (SEAL) �.•�tiP•e.e•.•.• s'�r••�G • QI�A�A i i NOTARY • w e Notary Public for Idaho p Residing at� %a2_ 1 i r My Commission Expires: STATE OF IDAHO )ss •.,� 40 O •19Q.��.• County of Ada ) I#&s""'°•s,f On this 14th day of April , 2020,before me, a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian, ID Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—EDINGTON COMMONS(H-2019-0109) PAGE 8 OF 8 Meridian City Council Meeting Agenda April 14,2020— Page 90 of 167 r�4 EXHIBIT A Annexation &Zoning Legal Description and Exhibit Map Sawtooth Land Surveying, LLC 2030 5.Uj!A ng on Ave. 10,14 Northwen6 61v i.,5tc.6 14 1 €u Avenue Vzf:: ,�/f Ernmcil,I(183617 Coe urd'Alene,10 83514 Jeramc.11)8335 5 (208)398-5104 F.(206)7 f 4-4544 P:(208)329-5.303 Imo:(208)398-8105 f_(205)292-4453 r:(208)324-5821 Annexation Legal; Description (fZ-/s5 A parcel of land being a portion of the W1/2 5W1/4 SWi/4 of Section 36,Township 4 North, Ranee 1 West of the Boise Meridian,Ada County, Idaho, more particularly described as follows: BEGINNING at the S1/16 corner common to Sections 35 and 36, from which the southwest corner of said Section 36,bears South 00014'51"West, 1318.78 feet distant; Thence South 88156'15"East, coincident with the north line of the SW1/4 5W1/4 of said Section 36, a distance of 272,69 feet; Thence South 71"02'05"East, 415.82 feet to the east line of the W1/2 SWI/4 SWi/4 of said Section 36; ' Thence South 001,17'40"West, coincident with said east line,863.19 feet to the southeast corder of the j N1/2 SWi/4 5W1/4 SWl/4 of said Section 36; Thence North 88046'08"West, coincident with the south line of said N1/2 SWI/4 SWI/4 SW114 of Section 36, a distance of 665.89 feet to the west line of said SW1/4 SWQ4 of said Section 36; Thence North 00014'51"East, coincident with said west:line, 989.08 feet to the Point of BEGINNING, The above described parcel contains 14.564 acres, more or less. BASIS OF BEARING for this description is South 00014`51"West, between the S1/16 corner common to Sections 35 and 36 and the southwest corner of Section 36,Township 4 North, Range 1 West of the Boise Meridian. At LA fb 61 ,r,, gjxz�lq a P.k201911916i-EDINGTON PLACE;ALTA-CMGISurveylDrawingslDesetiptionsli3t61-Annexation Legat.docx.doox Meridian City Council Meeting Agenda April 14,2020— Page 91 of 167 ANNEXA77ON LEGAL EXHIBIT POW OF HEGINWNG 51116 CORNER SECTI0N5351k36 R5 9875 22. ..__ _....�,....� 675"E 76� ,w 1 I j I Iw �1 I n 1,14,554ACRES `fr � r Z I I I I I i t .T N OU46'08'W 665,89` ...� Q M.LA 4 E SECTION CORNEtt 0 W WASS 35 .� 91� +r��9Izxj!A AL551 �y, r OF VOID Z 1 W.USTICKRD. j/fs,AM I��� 1" 200' PRO1ECr: OWNER/DEVELOPER: 2030 S. WASHINGTON AVE DWG# CG EMMEM 10 63617 19161-EX EDING TON PLACE 4824WFAIRVIEWAVE. P., 208 398-8104 PROIEC7'# SUBDIVISION G018E,ID 83706 fr F.J2083 398-8105 19161 SW114 SWI14 OF SECTION 36 (208)336-635U 5n r T.4 N.,R, 1 W., S.M. t 7E: 0..2212019 WWW.SAWTOOTNLS.COM 1 OF 1 Meridian City Council Meeting Agenda April 14,2020— Page 92 of 167 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAIT: AND DECISION & ORDER In the Matter of the Request for Annexation of 14.56 Acres of Land with an R-15 Zoning District; and Preliminary Plat Consisting of 92 Building Lots, 11 Common Lots and 4 Other Lots on 13.49 Acres of Land for Edington Commons Subdivision,by G24, LLC. Case No(s). H-2019-0109 For the City Council Hearing Date of: February 25, 2020 (Findings on March 10, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of.February 25, 2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 25,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 25, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 25, 2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (l.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I 1 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19.2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code§ 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR EDINGTON COMMONS-AZ.PP 11-2019-0109 i Meridian City Council Meeting Agenda Mprif i941,G20MP-PEW03168 t67J66 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 25,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation with R-15 zoning is hereby approved with the requirement of a Development Agreement;and Preliminary Plat is hereby approved per the provisions in the Staff Report for the hearing date of February 25,2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6E-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR EDINGTON COMMONS-AZ,PP H-2019-0109 -2- Meddian City Council Meeting Agenda lla4aW4,CQ=O-PEW64I64 t@B66 agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 25, 2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR EDINGTON COMMONS-AZ,PP H-2019-0109 -3 - Meddian City Council Meeting Agenda WgaW4,CQ=@-PFW®9 Of t@B66 By action of the City Council at its regular meeting held on the 10th day of March 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED ----- MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 3-10-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR EDINGTON COMMONS—AZ,PP H-2019-01 D9 -4- Meridian City Council Meeting Agenda April 14,2020— Page 96 of 167 EXHIBIT A STAFF REPORT ElkI COMMUNITY DEVELOPMENT DEPARTMENT HEARING February,25, 2020 ' DATE: Legend # laProject Location _ TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 . Bruce Freckleton, Development ' - 11 Services Manager - `' 208-887-221 - SUBJECT: H-2019-0109 s r Edington Commons LOCATION: 3610 N. Linder Rd, 1. PROJECT DESCRIPTION Annexation&zoning of 14.56 acres of land with an R-15 zoning district;and Preliminary plat consisting of 92 building lots, 10 common lots and 4 other lots on 13.49 acres of land in the R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 13.49 Future.Land Use Designation MDR(3-8 units/acre) Existing Land Use j� Rural residentiallagrictiltural Proposed Land Use(s) Single-family residential Current Zoning RUT in Ada County Proposed Zoning R-15 Lots(#and type,bldglcommon) 92 building/1U common/4 other ' Phasing plan(#of phases) 2 phases Number of Residential Units(type Single-family attached and detached of units) Density(gross&net) 6.83 units/acre(gross)& 1 I.64 u nit slacre(net) Open Space(acres,total[°In]I See Analysis,Section V.3 buffer I qualified) Amenities Children's play structure,climbing dome,swings,climbing rocks&seating area Page 1 Meridian City Council Meeting Agenda MpTiLM4i,r2CMO-PFgq®716Pt6Zi66 Physical Features(waterways, Coleman Lateral runs across the northern boundary of this site Hazards, flood plain,hillside) Neighborhood meeting date;#of July 9,2019;no attendees except Applicant attendees: History(previous approvals) None B. Community Metrics Description Details Page Ada County Highway District Staff report Yes (yes/no) • Requires ACHD No Commission Action es/no) Fire Service ■ Distance to Fire 2.4 miles from Fire Station#3 (can meet the response time requirrmentsy Station • Fire Response 4 minutes(under ideal conditions) Time • Resource 82%from Fire Station#3 - meets the target goal of 80%or greater Reliability • Risk l (residential)(current resources are adequate to supply service) Identi f cation • Accessibility Does not meet all required access,road widths&turnarounds;development is limited to 30 building lots for both phases until a secondary access that meets 1FC is built&approved by MFD.See additional comments in Section VII1.C. ■ Spcciallresource Doesn't require an aerial device ncCds • Water Supply Requires 1.000 gallons per minute for I hour(may be less if building is fully sprinklered) • Other Resources NA Police Service • Distance to 4.5 miles Police Station • Police Response 4:01 minutes(priority 3) Time • Calls for Smicc See cononnen"in Section 17ILD • Accessibility See commen Ls in Section WIII.D • Specialtylresourc See comments in Section PIILD e needs • Crimes See comments in Section WILD • Crashes See conamenty in Section f71I.D West Ada School District Page 2 Meridian City Council Meeting Agenda Mprif 1t41,C2QM F-PRgq88l6fi t§7.566 Distance(clem, Paramount Elementary— 1.2 miles(enrollment at Hunter Elementary is ms,hs) currently cappedJ; Sawtooth Middle School—0.3 mile, Rocky Mountain High School— 1.4 miles • Capacity or Paramount EIementary 650;Sawtooth Middle School 1,000; Rocky Schools Mountain High School 100 • #of Students Paramount Elementary 744 6645, Sawtooth Middle School 1 942 1,044: Enrolled Rocky Mountain High School 2,475 • Anticipated 74 schoolaged children generated by this development Wastewater ■ Distance to 0-feet _ Sewer Services • Sewer Shed White Drain Trun.kshed ■ Estimated 92 Project Sewer ERU`s • WRRF 1338 MGD Declining Balance • Project Yes Consistent with WW Master Plan/Facility Platt • Impacts& None Concerns Water • Distance to 0-feet Water Services • Pressure Zane 7 ■ Estimated 92 Project Watcr ERU's • Water Quality None • Project Yes Consistent with Water Master Plan • Impacts& Provide water easement in shared drive(Block I,Lot 21 J for potential Concerns connection of parcel to the east.A second water connection for redundancy shall be required to the water main in Linder Road through the walking path between lots 13 & 14(Block 2). 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'�� - llli ll 1 IIVVlllll Iti _.u•■r :: 1 .:: �-=iiu51ii1� =.p•, � :nm iN r■r: '�i- _• uwa .■ ail■ ._ -_- --. -_•_ nnl a1a •111-=-___: nx s 1n ■■iiiw■ a�:�1■n,wrr -�-�_-' � ,ir eeiiri[■■R " r,[ow ���q�.����- �� -tlanuaw■■ rC.rn -r�s �z ■w.... r'P.a■r -_ ■I��a raw■ • �-[11Ha[■1n■ ■r ■r■a■■.....�: ■rn sor ■ Y i= -! 5 :i iF+Rflla[gl1a� [F eis:: - - r11H nn-�I r rry�j nwaaillaaa• l:i�:;:= S7:S.,v1v ■1■■■ ..afa 1 f ■.s■: ■llr a �' *� • 1 • i i 1 i �■ : i i' I• N I a A / t � N a a - a 'a- •. ''a; Rl7Y '7e•- f 1'u C. Representative: Laren Bailey, Devea Development, LLC—4824 E. Fairview Ave., Boise, ID 83706 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 1 1/15/2019 2/7/2020 Radius notification trailed to properties within 300 feet 1 1/12/2019 2/4/2020 Public hearing notice sign posted 11/22/2019 2/14/2020 on site Nextdoor posting 11/12/2019 2/4/2020 V. STAFF ANALYSIS A. ANNEXATION&ZONING Comprehensive Plan (https:lltyttnv.meridiaiicitv.otglcomppl(iti); This property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The proposed single-family homes and gross density of 6.83 units per acre is consistent with the MDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use and development of this property(staff analysis in italics): • "Provide for a wide diversity of housing types(single-family, modular, mobile homes and multi-family arrangements)and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development."(3.07.03B) The proposed mix of attached and detached units will contribute to the diversity in housing types in the northwest portion of the City. Stq#'is unaware if the proposed awaits will be owner occupied or rental units. • "Provide housing options close to employment and shopping centers."(3.07.02D) The proposed development will provide housing options in close proximity to the existing and future einplavinent and shopping centers along the Chindem Blvd. and.Ten Mile corridors. • "Require open space areas within all development."(6.01.01 A) Qualafed open space is required to be provided in accord with the standards listed in UDC 11-3G-3.As proposed, the development does not meet the winiantun qualified open space requirement. • "Pen-nit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.01 F) Urban services can be provided and this development is contiguous to the City. • "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D); Access is proposed via the adjacent arterial street; there are no stub streets to this property and access is not available via a local street. Page 5 Meridian City Council Meeting Agenda Mont 141,[2=4-P jd O 0dIE 6i 6 ■ "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system."(3.03.03B) There are no pedestrian connections proposed to adjacent properties other than sidewalks along stash streetS,-Stq ffrecommends a segment of the Citv's multi-use pathrvat)is constructed along the northern boundary of this.site adjacent to the Coleman Lateral in accord with the Patlmyays Masler Plan as noted below. "Require pedestrian access connectors in all new development to Iink subdivisions together to promote neighborhood connectivity as part of a community pathway system."(3.03.03B) Other than sidewalks along public stub streets, no pedestrian connections are proposed to adjacent properties. Below staaff recommends that the applicant construct a 10-foot multi-arse pathwgv along the south side of the Coleman Lateral to proinote neighborhood connectivity and safe pedestrian access to the school to the north. One of the many goals of the Comprehensive Plan is to proactively address conflicts between incompatible uses.This property currently abuts C-C zoned property on the south boundary.The applicant is providing a stub street for vehicular connectivity but the neighborhood as designed doesn't integrate with the mix of commercial uses currently approved for the commercial property(Sugarman).With a previous development application (Alpina Townhomes)on the subjeet Sugarman property,it was the desire of the Commission to have the two properties develop uniformly to ensure a true mix and integration of uses in this area. Staff recommends that the Commission determine if the proposed single family development provides an adequate transition to the mixed use designated property dpt to the south. Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R- 15 zoning district and proposed development is generally consistent with the MDR FLUM designation and is appropriate for this site. The proposed annexation area is contiguous to City annexed property to the north and south and across the street to the west, and is within the Area of City Impact Boundary tAOCn. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. in order to ensure the site develops as proposed with this application,staff recommends a DA as a provision of annexation with the provisions included in Section VIH. B. PRELIMINARY PLAT Existing Structures/Site Improvements: There is an existing home and several accessory structures on this site. These structures are required to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. The proposed plat complies with these standards. Page 6 - Meridian City Council Meeting Agenda pNprg 141,[29M9-PFgqd(JUDfati EX6 Subdivision Design & Improvement Standards(UDC 1.1-6C-3): The proposed subdivision is required to be designed and improved per the standards listed in UDC l 1-6C-3 which include but are not limited to streets,driveways,common driveways, easements, and block face. The proposed plan complies with these standards. Phasing Plan: The subdivision is proposed to develop in two(2)phases. The first phase will include 44 building lots. Access(UDC 11-3A-3, 11-3H- /Streets: One(1) access is proposed via N, Linder Rd.,an arterial street,at the northwest portion of the site;two(2) stub streets are proposed.Far future extension to the south and east. Development is limited to 30 building lots until such time as a secondary access that meets International Fire Code(IFQ is built and approved by the Fire Dept. Traffic: A Traffic Impact Study was not required by ACHD for the proposed development. Common Driveways (UDC 11-6C-31: Al] common driveways are required to comply with the standards listed in UDC 11-6C-3D. Four (4) common driveways are proposed that comply with UDC standards. Common driveways should be a maximum of 150' in length or less, unless otherwise approved by the Fire Dept. An exhibit is required to be submitted with the final plat application that depicts the setbacks,fencing,building envelope and orientation of the lots and structures. Driveways for abutting properties that aren't taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s)is required to be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment.A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Signage should be provided at the ends of the common driveways on Lots 6 and 22, Block 1; Lot 7,Block 2; and Lot 15,Block 5 for emergency wayfinding purposes as requested by the Fire Department. Parking(UDC 11-3C7: Parking for single-family dwellings is required based on the number of bedrooms per unit. For l- and 2-bedroom units,a minimum of 2 spaces are required with at least one of those spaces in an enclosed garage,other space may be enclosed or a minimum 10'x 20' parking pad. For 3-and 4- bedroom units, a minimum of 4 spaces are required with at least 2 of those spaces in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pads. For 5+bedroom writs,a minimum of 6 spaces are required with at least 3 in an enclosed garage,other spaces may be enclosed or a minimum 10' x 20' parking pad. Because of the proposed reduced 27-foot wide street sections(W.Windswept Dr. and W. Woodpine St.),parking is restricted to one side of the street only; and narrow building lots (i.e.32'+1-)with 20'wide driveways,the amount of available on-street parking is limited. This has historically created issues with not enough on-street parking available for guests and residents due to residents using their garages for storage rather than parking; and people parking on both sides of the street where parking is restricted to only one side blocking access for emergency vehicles. Page 7 Meridian City Council Meeting Agenda MprUl4,1TQMP-Pkge�t10137WOU6 To address this issue,the Applicant has submitted a parking exhibit included in Section VII.F that depicts a total of 50 available on-street parking spaces. Staff is concerned this is sufficient; if the Commission and/or City Council does not feel it's sufficient,they should require the provision of wider street sections to accommodate parking on both sides of the streets,wider building lots,and/or additional parking spaces in common areas. Because more parking will he able to he provided on the south side of W Windswept Dr. vs. the north side where building lots are proposed, Stajtj'reconunends parking is solely provided on the south side o f the street and parking is prohibited on the north side as proposed One side of the street where 27-font wide street sections are proposed should he signed"No Parking". Pathways(UDC 11-3,4-S]: Pathways are required to be constructed in accord with the standards listed in UDC 1 1-3A-8 with landscaping on either side of the pathway(s)per the standards listed in UDC 11-3B-12C_ The Pathways Master Plan depicts a segment of the City's multi-use pathway in the general area near the northern boundary of the site for pedestrian access from the development to the east(Woodburn West) to the on-street pathway along Linder Rd. and the school to the north. Therefore,the Park's Dept. recommends as a DA provision that a pathway is provided on the south side of the Coleman Lateral on this site.Inclusion of a pathway will also allow this area(i.e. Lot 1,Block 1)to count toward the qualified open space requirement which does not meet the minimum standards as proposed. This pathway would eventually extend to the east to the existing pathway in Woodburn West development when the abutting property to the east redevelops for interconnectivity and safe pedestrian access to the school to the north. Sidewalks(UDC 11-3,4-17): Sidewalks are required to be constructed adjacent to public streets as set forth in UDC I 1-3A-17. A 5-foot wide detached sidewalk was recently constructed with the road widening along Linder Rd., an arterial street; minimum 5-foot wide attached(or detached)sidewalks are required along internal local streets as proposed. Parkways(UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A- 17E, 11-3S-7C and 11-3G-3B.5. Eight-foot wide parkways are proposed along the entry street and within common area"end caps". Landscaping(UDC 11-3B): Landscaping is required to be provided in accord with UDC standards as follows: • A 25-foot wide street buffer is required along N.Linder Rd.,an arterial street, in a common lots)and landscaped in accord with the standards listed in UDC 1 1-3B-7C; ■ Landscaping is required on either side of pathways in accord with the standards listed in UDC 11-3B-12C; ■ Landscaping is required within parkways as set forth in UDC 1 1-3A-17E, 11-3B-7C and 11-3G-313.5;and, ■ Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. Landscaping is proposed within the street buffer along Linder Rd. and within most common open space areas in access of UDC standards. No trees are depicted along the micropath between Lots 13 and 14,Block 2; landscaping should be provided in accord with UDC standards(or Page 8 Meridian City Council Meeting Agenda Mprif l41,C20MO-PVgqd Q4WatU6 apply for alternative compliance if an easement exists). The total linear feet of parkways and required & provided number of trees should be included in the calculations table on Sheet L2 of the landscape plan in accord with the minimum standards in UDC 11-3B-7C. Qualified Open Space(UDC 1 I-3G): Based on the overall development area which consists of 13.49 acres of land,a minimum of 10% (1.35 acres)qualified open space is required to be provided within the development per the standards listed in UDC 11-3G-3B. An open space exhibit was submitted as shown in Section VILD that depicts 2.02 acres (or 15%) of open space for the development consisting of a half-acre park exceeding 50' x 100',common areas with parkways along the entry street and parkways within"end cap"common areas adjacent to streets, a micro-path lot, half of the arterial street buffer along Linder Rd. and the common lot where the Coleman Lateral is located at the north boundary of the site. Some of the open space depicted on the exhibit does not count toward the "qualified" open space standards set forth in UDC l 1-3G-3 as shown in the second exhibit in Section VILD (see hatched areas), primarily consisting of the area along the north boundary where the Coleman Lateral is located.Without this area,the development does not meet the minimum standards..Therefore,Staff recommends a 20-foot wide common lot is added along the north side of the building lots in Block l adjacent to the lateral outside of the irrigation easement containing a 10-foot wide multi-use pathway with 5 feet of landscaping on either side of the pathway in order for this area to qualify and comply with the minimum open space standards. In orderfv-open space to yualyjy toward the minimum requirements it must improve the livability of residential neighborhoods.protect natural amenities, be accessible by all residents of the development and be located in areas of high visibility to avoid hidden areas and corners, dark areas, unusable space and reduce the opportunity,for crime as set firth in UDC I1- 3G-1. 11-3G-3 and 11-3G-3D. Qualified Site Amenities(UDC 11-3G): A minimum of one(1) qualified site amenity is required to be provided for this development based on the size of the development (i.e. 13.49 acres). The Applicant proposes the following amenities in excess of UDC standards: a children's play structure, a swing set,seating benches, climbing rocks, climbing dome and a micro-path(see Section VILD). Existing Trees: There are several (i.e. 6f1-) existing trees on this site that are proposed to be removed with development. Mitigation information is included on the landscape plan; (151)2- inch caliper trees are proposed for mitigation in accord with the standards listed in UDC 11-3B- 1 OC.5. Waterways(UDC 11-3J-6): The Coleman Lateral runs along the northern boundary of this site within a 40-foot wide easement and is proposed to be left open as linear open space. Fencing(UDC 11-3A-6, II-3A-7): Ali fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. Fencing is proposed as follows: a 6-foot tall solid vinyl privacy fence is proposed along the west, south and cast boundaries of the development; a 5-foot tall black wrought iron fence is proposed along the rear of building lots adjacent to the canal along the north boundary of the development; and a 4-foot tall black wrought iron fence is proposed around the common area where children's play equipment is proposed near the entry of the development in accord with UDC standards. Page 9 Meridian City Council Meeting Agenda MprUl4,1TQMP-Pkge�t10575UU6 Utilities(UDC 11-3,4-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City's adopted standards,specifications and ordinances. See Section VIII-B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be prox.ided Cor each iot within the development. Storm Drainage(UDC 11-3A-IS An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC I 1-3A-18. Building Elevations (UDC 11-3A-19 I Architectural Standards 1i✓fanyal): Conceptual building elevations were submitted for the proposed single-family attached and detached units as shown in Section VILE. Building materials consist of a mix of siding(horizontal and vertical lap siding and board &batten) with stone veneer accents; colors are very monochromatic. The single-family attached structures are required to comply with the design standards in the Architectural Standards Manual: single-family detached structures are exempt from this requirement. All SFR homes along the west perimeter boundary of the development adjacent to N. Linder Rd. are proposed to be a single-story in height. To ensure eaves are constructed on homes for aesthetic as well as drainage(i.e. keeping water away from the foundation) reasons,Staff recommends a DA provision requiring all homes within the development be Constructed with minimum 1-foot wide Ere rated eaves on all four sides. For variety in appearance of the structures,Staff recommends a cohesive color scheme is used for the overall development featuring a minimum of two field colors, a trim color,and an accent color or unique material.Garage door colors should coincide with this scheme or other accents. VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation&Zoning and Preliminary Plat applications with the conditions included in Section VIII per the Findings in Section IX. Further, Staff recommends the plat,landscape plan and qualified open space exhibit is revised per the conditions in Section VIII prior to the Commission's recommendation to Council on this application. B. Commission: The Meridian Planning&Zoning Commission heard these items on December S.2019 and January 16,2020. At the public hearing on January 16`h,the Commission moved to recommend approval of the subject AZ and PP requests. l... Summary of Commission public hearing_ a. In favor: Hethe Clark,Clark-Wardle, Applicant's Representative;Julie Ann Domingo: Serena Qrmsby_Alvarez; Stave_Yap — Peng Cl�eng;Laren Bailey;Justin Cranney, Hawley Troxeil,representing the Lester& Betty Vogel Trust; Dennis Green;Tina Folden Page 10 Meridian City Council Meeting Agenda MprUl4,1TQM4-P jd 0676 iU6 b. In opposition: None C. Commentin : Steven Lloyd d. Written testimony: Whitney Montgomery, Kelly Woodhouse, Michele Anderson,Cheryl GaMetti (in support);letter from Laren Bailey,the Applicant,to Steven &Andrea Lloyd,the property owners to the east,agreeing to limit the height of homes to a single story adjacent to their property on Lots 20 and 23-26,Block 1,.Fake Centers, Blackrack Homes: Justin Cranney. Hawley-Troxel representing Lester&Betty Vogel Trust& Hethe Clark,Applicant's Representative (in agreement w/Commission's recommendation) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: gill Parsons I Key issue(s)of public testimony. a. Support of proposed development from homeowner's in other subdivisions by the same developer, 3. Key issue(s)of discussion by Commission: a. The possibility of"floating"the Mixed Use designation on the property to the south to the southern portion of this property and adding a commercial or multi-family_ camponent to enlarge the mixed use area and provide a transiton and integration of uses from the residential to the future commercial uses to the south-, b. Staff recommendation for 4-sided eaves and a cohesive color scheme to be provided for the overall development featuring a minimum of two field colors,a trim color,and an accent color or unique material and garage doors coinciding with this scheme or other accents: c. The provision of an emergency access to the site that meets Fire Dept. reugirements: d. The location of the micro::path along the east side of the site providing a connection between the multi-use pathway and the comimn driveway and it not being visible from the public street creating_police surveillance concerns: e. The provision and alignment of a 10' wide multi-use pathway and qualified open space along the northern boundary of the site and location of existing easements: f. The availabili of on-street parking for Vests and whether or not reduced street sections should be allowed and their impact on on-street parking, g. Impact of the development on area school enrollment,which is currently over capacity, and the School District's request for no homes in this development to be occupied until 2021 which Pleasant View will be open and the cap on Hunter Elementary will be lifted. 4_ Commission change_ to Staff recommendation: a. Strike condition #A.l c whicb requires a colesive color scheme to be used for the overall_ development featuring a minimum of two field colors, a trim color,and an accent color or unique iaterial with marage door colors coinciding with this scheme or other accents —design review should not be required for single-family detached l�omes: b. Strike condition#A.F d which requires minimum 1-foot wide fire rated eaves to be constructed on all 4 sides of homes within the development. 5. Outstanding issue(s) for City Council: a. The Commission would like direction from City Council as to whether or not there should be a policy requiring.4-sided eaves to be constructed on homes within the City the Commission generally preferred the appearance of eaves on homes but because they_ aren't re uired by Building Code or City Code they were hesitant to require them through the Development Agreement. If Council determines eaves should be required. condition#A.Id should be rc-instated. Page I Meridian City Council Meeting Agenda pN 141,�Q'�(7 i�� d 01Ti�fnt636 b. The Commission requested the Council consider if the proposed development in itself provides an adequate transition to the mixed use designated parcel the south and what could be done about making*sure the commercial piece doesn't get blocked in. C. 0*Council, Tlic.Mefidian Cit�_Counci]_i-eard these itew.on F6BUM25.,20M Ai tli-e-pubfi hearing,the C �tncil�naxed to annrav�.t ie u_'cd AZ a Ld PP Lme t 1. Summary of the_Citv Council public hearing �, itt-€����l��thc�axl�A�licant'�>�enresentati�e:Tina_E��sie�i In o-mQsitiom-NP= Q- COMI ntiDgi&Me �L Wi3tten Clark.AppliKg t'sRcpresentaltivv i arcenpenl.with theC� rs s_i`on's rtc,om�pdatiQn),B-W Cas._s_iulh - Staff presenting lication_ S a AI n l= Del7er_5taffcammentq�li�s'ttiori;L�f�x� ? Key iailC �f�Li-- to is imams I Support of proposed development from homeowner's in other subdivisions by the same developer. 3. Key issues,)of discussion by ON Council_ a. Whether ar not eaves should be required to 1�_c_o�nst�rated on hnme�she pmnnsed slcve� one - - - -- - - -- - - - - -- b_ Tbe_relocation of the common area with the micro_path currently Meted mid-black in Block 2.1a thc.south and_Q1 -- fu=vommucial uses to the 9 _c The extension of the multi-use pathway to the sidewalk a12g Linder Rd.on the school sjte to the na�h;�d, - -- --- - - Tk-S QvLD t ct'_s-Lqc u t rQstricc tWe 1_a�safbi 1 pe i ftd-smc r1c as dwDls currently under construction in the area are uperatingto ist in eaSln 4.. City Council Ch ommission recommendation. a¢ JA 1u eue-w _f n last-jin huilditg Rgnnks hisc fgr residential homes within the c�e����m�rlt nrioir�Ia��r�'>s��i����9�r�tYisinb�l f in ���t�YII.T� b. Include a re uirement for the co_rnrnan lot with the micro path located mid-block in �loc�,219-b"elcAla ttho-s-Qu*-W-of ft-xm c-block m-a huff-cr!Qlbe-Akun e ran rcial_uses���he�uitt�(se€�andatipns#fA.2�and A-Masection_V_ 11 c. Per the Applicant's proposal to nine the Coleman Lateral where it crosses the northern b9Akndary of t S Off moil-ifte"mdit en-#A 3— i�mer�a VIII to rep the £esctng►re-gi erne to me-n th-en_ath av and the waterway_ nd-remove the dente�an of the waterway from the.plan. - -- Page 1? Meridian City Council Meeting Agenda pN 141,[��Qi � jd Ol��fnt6f�G YII. EXHIBITS A. Annexation &Zoning Legal Description and Exhibit Map 5awtooth band 5urveyincg, LLC rr 203115,N-yrrrrc}tan Avo. r 0,14 NorchweSt Blvd,,Ste,G 14 1 1"Avenues E'16L YY rV Ifrn(r+ett,Id 936 i Coeur d'Alcrrc.IU 83 41 4 .lerome.11)H3336 I.ur/r7.it yr�1•l p' (20B1 398 a 149 F-(206)714-174+3 F:f205]329 5303 Y:(208)398.81 05 F:(208)292-4453 F:(2M)324-362 1 Annexation Legal Description (,k-IS) A parcel of land being a portlon of the W1/2 5W1/4 SWi/4 of Section 36,Township 4 North, Range 1 West of the Boise Meridian, Ada County,Idaho, more particularly described as follows: BEGINNING at the S1/16 corner common to Sections 35 and 36, from which the southwest corner of said Section 36,hears South 0001451"West, 1318.78 feet distant,- Thence South 88056'15"East,coincident with the north line of the SW 1/4 SW1/4 of said Section 36, a distance of 272.69 feet; Thence South 71002'05"East, 415.82 feet to the east line of the W1/2 SW1/4 SW1/4 of said Section 36; Thence South 00017'40"West,coincident with said east line, 863.19 feet to the southeast corner of the N1/2 5W1/4 SWI/4 S►N1/4 of said Section 36; Thence North 8846'08"West, coincident with the south line of said N1/2 5W1/45WI/4 51N114 of Section 36,a distance of 665.89 feet to the west line of said 5W1/4 SWI14 or said Section 36; Thence North 001114'51"East,coincident with said west:line, 989.08 Feet to the Point of BEGINNING. The above described parcel contains 14.564 acres, more or less. BASIS DE BEARING for this description is South 00014'51"West, between the S1/16 corner common to Sections 35 and 36 and the southwest corner of Section 36,Township 4 North, Range 1 West of the Boise Meridian, r 11 LAND fbs 61 Bjzzllga OF tpP M, U P'Q019119161•EDINGTON PLACE ALTA-CMMSurveoDrawingsloescript(ons119161-Annexation Legal,docx.doex f- acl =_ i1 Page 13 Meridian City Council Meeting Agenda Mprit rI4i,C29MO-P1 ggdog'DUEM6 ANNEXATION LEGAL EXHIBIT POINT OF WCUMNN6 51116 CORNM SEcnm 35&36 ---- -- S — S7 1 E 47s 1 I 1 1 1 I 9�I I ql� I z�c; t *KSEr4 ACRES h31 $I NCI 1 I I —— ` iV Rr46 0"W 665.89' ANAL LAND hh v i SEC77oiv CORNER 0 Do BRASS CAP �f �jZZJi9 4 35 35 PLS 5291 2 1 W.115TICK RD. �t OF 1�� z° =200' PROJECT: UMEWDEVELOPER: ❑WG# 2030 S. WRSHINGTON AVE. FDINGTON PLACE a8 wia vf�wAv .CG EMMEU,ID 83617 19161-EX 511BDIV15IOIV 4 WFABOISE,RVIEWa� „ P: 208 398-8104 PRwECT# SWII4 SW 114 OF SECTION 36 f208]336.5355 P:�248�39B 8i05 19l6! T.4 N„ R- 1 W„8.M. � sr�r QRTE: 612212Qi9 1 uxl5orrcy�rr� CLG WWW.SAWrOOTHLS.COM 1 OF t Page 14 Meridian City Council Meeting Agenda Uprith41,CQ9M9-PEggd1iG8®fo1E 6 Fi. Preliminary Plat(slate. "'1 9 11812020)& Phasing Plan REVISED 1 � i. 1 1 � 1 J •. C a r - I Li 16 Ir r_ S F�4 - - � kl{ • Y EDINGTON PLACE SUBDIVISION r' 3010 N. ROAD,MF RIDM,ICI PRELIMINARY PLATF� Page 15 Meridian City Council Meeting Agenda PNpTitM41,C20M --PFggdlll3mfofE%6 Wsa'•fY pip N o wlwiawvrowl - � I - I V � ptl I• . °- I, �s lrcmawgo� ff_ s' — �— C 1V�L _ EOI NGTON PLACE SUBDIVISION s'9 - cs w o w K s 3b1 Q N.LINDEA QoW,MEUDUW,10 LOT DIMENSIONS Page 16 Meridian City Council Meeting Agenda UpTit H41,C20MO--PSqlqd UbfafEM6 C. Landscape Plan{date: 1"�- /141�9 January 515,2020} REVISED = a m G � _ a r •N �- �� =I� n T . m r1 C liK ek F $ 1 a Ov iZZ. [".. I = jv/ i F I Ij�' . Page 17 Meridian City Council Meeting Agenda MpTil M41,C2GM -PFqlqld 115fof05fi � m m O M " i .,�y:• fit'= ��. b�;, �• �, �• r •:r,' �J li1 _i I � wwirvpnrEsr w v I Six..�}I-�;r•.-�"i•x?.Y: :�„ - - -- . - . . ,• _it = � -_: ■ i•i1�C 1 O Meridian City Council Meeting Agenda 71bi941, (y�4}-� 9 Ik$�fa1�366 _ E �-� ti �[T -M - r�`• - 1 - TT I � ''r•"`J�I-�,r. M'Ag10511E►r[7itIVC - =iT- _ ` I W1WW01tsTw _-- =z - ' ;? x rr.- F. 'ti•e1'.: i `•:� F• •-- --� - t EDINGTQN PLACE SUBDIVISION --- Ei— 3610 X LNDER ROAD.MERIDIAN.10 r n y PRELIMINARY PLAT LANDSGAPE PLAN ? ' - Page 19 Meridian City Council Meeting Agenda 71bi941, t �}-� d11�s�foi�66 t; 7 x 77= T z ti L tim lm 7=2 Mf z EDING70N PLACE SUBDIVISION r, 3610 k CINDER ROAD,MEWDIAN.10 z PRELIMINARY PLAT LANDSCAPE PLAN j Page 20 Meridian City Council Meeting Agenda MprU14,C29M4-Pggqd VRdfb1U6 D. Qualified Open Space Exhibit & Site Amenities REVISED I I I I r ❑ I I I I � , I O I I 27 s i r If :R Page 21 Meridian City Council Meeting Agenda Wa*h41,C2W29-PAd1M-i5fefGZ6 Proposed Amenities: o Large Half-Acre Park-The half-acre park will contain the following recreation facilities: - Play Structure - Swing Set R - Seating Benches - Climbing Rocks - Climbing Dome - Attractive Landscaping ; f and Pedestrian Pathways Page 22 — Meridian City Council Meeting Agenda Wp*h41,CR=O-P dU8ibfW6 E. Conceptual Building Elevations(Single-Family Attached/Detached)—REVISED Ail on- i 7 = Omnow Page 23 Meridian City Council Meeting Agenda 7l��nrcihi941,C1?�C� 411�SgfoF63k 6 F. On-Street Parking Exhibit -U 4- 3 m p O op � � 67 z C � a x 0 A (D o , 11 I IL; t a m x_ C sr r x � I K � i r 1. a - x - - o � s av + i z i g ■ F Y � i _ ,� O �a n 3 Y M A !a • L L 1�1 Staff Note: Because W. Woodpine St. (the middle east/west street)is only a 27-foot wide street section, parking is restricted to only one side of the street which reduces the parking count by 2; 3 additional spaces can be accomodated along one side of W. Woodpine St. where it stubs at the east boundary adjacent to common area,resulting in an overall total of 50 on-street spaces. Page 24 Meridian City Council Meeting Agenda Mp*h41,CRMQ-PA"d 6fcfW6 G. Letter from West Ada School District Pertaining to Multi-Use PathwaX Mon Ili 3'2G20 12'33 PU Yochum Jop -Y'ocliuin,loe�lwestada.org RE:Sawtooth Middle School Pathway :r Qrtrviv Werrtr+ Cr LtrtnWke Hi Klm West Ada School Di5trict Is agreeable to the proposed pathway across the south edge of the Sawtooth Wdle School campus contingent on the following: 1. WASO Board of Trustees approves the pathway easement 2. Developer pays for all costs associated with the pathway(legal fees,construction,fencing,etc.) 3. Developer agrees to fence off the pathway from the rest of the SMS campus in order to force users to exit the pathway onto the sidewalk along Linder Road Thank you Jae ry � sawronrr!M�oau.senunL T � — rr In. 41 � I rn I Y I -E. ._._ -�► �� _ . I ` m 1 1LQ _. ' - — — 13 14 16 17 IS EdINCTON 5U801VISION RHADMAL PA7N*AY MOT Pal 'c Meridian City Council Meeting Agenda PNpyrith41,`2CM4--P d7f)lbfa16M6 VUL CITY/AGENCY COMMENTS &CONDITIONS A. PLANNING DIVISION l A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian, the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The ❑A shall,at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat,phasing plan, landscape plan and conceptual building elevations included in Section VTI and the provisions contained herein. b. All single-family attached structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building permit applications. used fef!die over-all de�relep„ien!feat„ring a mini mum of iwo Feld colors,a wide fire r-ated eaves en A-11 "w e. All homes along the west perimeter boundary of the development adjacent to N. Linder Rd, and on Lots 20 and 23 26, Block 1 shall be restricted to a single- story in height as proposed by the Developer. d. A minimum 10%(1.35 acres)qualified open space shall be provided with development of this site as set forth in UDC I t-3G-3 in accord with the conditions of approval of the preliminary plat. e. A 1D-foot wide multi-use pathway within a 14-foot wide public use easement and 20 €eo wide eammen lot with a minimum 5-foot wide landscape strip on each side of the pathway, landscaped per the standards Iisted in UDC 11-313-12C shall be provided along the south north side of the Coleman Lateral outside of the h-rigation District's easement. FiN,e foot wide lalidseape StAps shall be provided 0"e4heF 5i de of the pa4lway�W4 The pathway shall.extend from the east boundary of the site to the sidewalk along N. Linder Rd. The palhway it a y e ten acr=the 5awwoth Middle Sch a r-Que-)-tv to the earth as shown on the a hibit in �a1[he provided on the subjer LQUe-ty, f. No building permits shall 1}e issued for residential homes within the development prior to o Meridian City Council Meeting Agenda VlVprii-114,C20M4-PRjd212)WOU6 ?_ The preliminary plat included in Section VII.B, dated 1213119, shall be revised as follows: adjaeent to the Coleman Lateral for-a multi use pat",ay and asseeiated landse i b. Relocate Lot 21. Block 1 to between Lots 17 and 18 or Lots 18 and 19, Block 1 in order to provide an access near the east end of the linear open space to the north as required by UDC I 1-3G-3 B.1 e;the common lot shall be a rninimum of 15-feet wide. c. Relocate the common area with the micro Bath depicted mid-block in Block to the 5Qul tend of the.> kl k:in±titud��an a nin>+a a��nt the_z�at�t �v in.a cor th be. rds h tamed.in T]p_C.11-3B_IZC. 3_ The landscape plan included in Section VII.C, dated 11/18/19, shall be revised as follows: a. Depict trees and landscaping along the micropath between Lots 13 and 14, Block 2 in accord with the standards listed in UDC 1 I-3B-l2C. b. Include the linear feet of parkways and required& provided trees in the calculations table on Sheet L2 of the landscape plan in accord with the minimum UDC standards. e. Depiet a minimum 20 foot wide eaminan lot a!!he reaf of building lois in Block 1 south ?B d. Relocate the common lot(Lot 21, Block 1)with pathway and landscaping to between Lots 17 and 18 or Lots 18 and 19,Block 1 so that the multi-use pathway required to the north along the waterway is accessible at each end as required by UDC I 1-3G-3B.1 e; landscaping is required along either side of the pathway as set forth in UDC 11-3B-I2C. e. Depiet a 6 feet tali wrought iren feftee between the ffluki use pa4hway and the adjaeefi� waterway for public ��4i .The Coleman Lateral shall be_piped as_propoaed=y the Applicant;remove the depiction of the open waterway from the plan. f, RclQr,-a-t e thc_muort-arca with the_micro p-attLdvpicwd inid-hlnck in BIock2 tQ the outh end oft e same bloc • m clud landscaping adjacent to the pathway in accord with the standards listed in UDC 11-3B-12C. 4. For lots accessed by common driveways, an exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren't taking access from the common driveway(s)shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-font wide landscaped buffer. 5. Provide address signage for homes accessed by the common driveways on Lots 5 and 22, Block. 1; Lot 7,Block 2; and Lot 15,Block 5 for emergency wayfinding purposes. 6. A perpetual ingress/egress easement is required to be Filed with the Ada County Recorder for all common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 7_ Development shall be limited to 30 building lots until such time as a secondary access that meets International Fire Code(IFC)is built and approved by the Fire Dept. Page 27 Meridian City Council Meeting Agenda Aprgdl4i,G20M4-PRAdnbfot�E+ 6 8. All existing strictures on the site shall be removed prior to City Engineer signature on the final plat phase in which they are located. 9. Parking is restricted to only the south side of the 27-foot wide street section (i.e. W. Windswept Dr.), signage shall be installed prohibiting parking on the north side of the street to ensure emergency access can be provided. B. PUBLIC WORKS 1. Site Specific Conditions of Approval. L I A street light plan will need to be included in.the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards.A copy of the standards can be found at http:Ilwww.nieridiancity.orglpublic_works.aspx?id=272 1.2 Provide water easement in shared drive(Block 1, Lot 24 21) for potential connection of parcel to the east. A second water connection for redundancy shall be required to water mai n i n Lind er Read thfough !he wal icing path between 1 ots 13 & 14 (Block 2) with the development of the second phase of the subdivision. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easements)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-Feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I" map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject Page 28 Meridian City Council Meeting Agenda pNprii-114,1TCM4-PRjd2W4fafQ6i 6 to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains,exclusive of natural waterways, intersecting, crossing or laying adjacent and contigEious to the area being subdivided shall be addressed per UDC 1 1-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2I90. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place,sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits, 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature:on the final plat as set forth in UDC I 1-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox Iocations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material, 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 29 Meridian City Council Meeting Agenda MpritJ14,1TQM4-PRggd21 35fa1�i5+ 6 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the hnprovement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public—works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all.incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221 1. C. FIRE DEPARTMENT &W.Iliveblink.►nw idiancity.org1WebLink81DocView.gWx?id=178616&dbid=0 D. POLICE DEPARTMENT htlps:Ihiehlir�k.�raerirliuftcitf.orgl6YehLirzklDnrYic�H.asp_r?id I79502c&dhid=0&repo=MeridianC E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) l llo:llivehlink.meridiancitf,.o►glWehLinklDoc view.aspx?id=178893&dbid=0&repo=Merid ianC in? F. NAMPA&MERIDIAN IRRIGATION DISTRICT htq s:lltiyeblink.►iaeridianciiy.❑►XIWebLink1QocView.yApx?id=179148&dbid=0&rWa=MeridiynC in) G. AAA COUNTY DEVELOPMENT SERVICES https:Ilweblink.meridianciWomg WehLinklDocVieu,.aspx?i(y 179666&dbid=0&rep0---MeridianC H. CENTRAL DISTRICT HEALTH DEPARTMENT hops:Ilweblii?knreritliafac'ity.orglWe6LinA-IDocVieH'.raspx?id=178990&d1iid=0&repo=MerrdianC Ltv Page 30 Meridian City Council Meeting Agenda Mprif i941,C2CM0-PFgqd2l6)dfn1E 6 I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llwebl ink.ineridiaticity-,of glWebLiiikIDocView.aspx?id=178933&dbid=p&repo=MeridianC fty J. WEST ADA SCHOOL DISTRICT(WASD) hops:llweblitrk.meildiancin�oiglWebLitaklDoeView.aspx?id=I79106&dbid=0&repo=MeridianC in, htr s:llweblink.inet-idianeitv.or IWel)LinklDoeView.as x?id=182029&dbid=0&re v=MeridianC iu_ hops:Ilwebl ink.meridiancity.orglWebLinklDoc View.aspx?id=182153&dbid=0&repo=Meridian C itV K. ADA COUNTY HIGHWAY DISTRICT(ACHD) httus:Ilweblink.meridianeity.orgMebLink/Doe View.aspx?id=179666&dbid=0&repo=MeridianC i t1) L. PARK's DEPARTMENT hops:llrt,ehliizk.meridiancity.orgMehLinklDoc View.aspx?id=180054&dbid=O&rWo=MeridianC ity IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon.recommendation from the Commission,the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: l. The map amendment complies with the applicable provisions of the comprehensive plan; The City Councilf/inds the Applicant is proposing to annex and develop the subject property with 92 single-family residential units in the R-15 zoning consistent with the MDR FLUM designation. (See section V above.far more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development complies with the put pose statement of the residential districts in that it will contribute toward the range of housing opportunities available within the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The Citv Council f nds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed medium density residential uses should be compatible xfith adjacent existing and future residential and commercial uses in the area. Page 31 Meridian City Council Meeting Agenda MpJrith41,[20MR-P 921AafofEd6i 5 4_ The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and The City Council finds City services are availahle to he provided to this development. The School District has submitted comments, included in Section VIlLJ that currently show student enrollment is above capacity far the elementary,middle and high school-fire School District is of the opinion it would be best to delay the approval of'this development until they are within a year of opening Owyhee High School. 5. The annexation(as applicable)is in the best interest of city. The Citv Council finds the proposed annexation is in the hest interest of the City if the Applicant complies with the conditions in Section 11711. B. Preliminary Plat(UDC 11-613-6) l. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008,eff. 7-8-2008) The Citt, Council f nds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of'approval in Section P71L 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Councilf/inds public services can be made available to the subject propegv and will be adequate to accommodate the proposed development, 3_ The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council.finds the proposed pleat is in conformance with schedaded public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The Cin! Council finds there is public fitrancial capability of supporting ser vices for the proposed development. 5_ The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development ti011 not he detrimental to the public health, sal tv or general we fare. 5. The development preserves significant natural,scenic or historic features. (Ord. 05-1170, 8- 30-2005,eff. 9-15-2005) The City Council is unaware of'aro,,signfficuni n alural, scenic or historic features that need to be preserved with this development. Page 32 Meridian City Council Meeting Agenda VlVprii-114,1TQM4-PRjd7J8)BUEZ6